POLS Midterm CH. 4

Publishing truths that harm a person's reputation and livelihood is considered to be defamation of character.

False

The right to privacy is a unique civil liberty in that it is never explicitly mentioned in the Constitution and is dependent on an interpretation of several other civil liberties.

True

The judicial policy prohibiting the admission at trial of illegally seized evidence is known as

the exclusionary rule

A written defamation of a person's character, reputation, business, or property rights is called

libel

Approximately how many prisoners have been freed from death row since 1973 after new evidence suggested that they were convicted wrongfully?

more than one hundred

A defendant's pretrial rights include all of the following EXCEPT

no cruel and unusual punishment

In which of the following situations are roving wire taps allowed to be used for a person under suspicion to be monitored electronically?

no matter what form of electronic communication he or she uses

All of the following civil liberties are listed in the original Constitution, rather than the Bill of Rights, EXCEPT

that Congress shall make no law respecting an establishment of religion

Shortly after the 9/11 terrorist attacks, President George W. Bush issued an executive order allowing which agency to conduct secret surveillance without court warrants?

the National Security Agency

Which of the following best describes how Supreme Court decisions have impacted abortion laws in the United States since the landmark case, Roe v. Wade essentially legalized abortion in 1973?

Partial birth abortion has been restricted

In testing the Constitutionality of government aid to religious schools, the Supreme Court imposes the Lemon test.

True

Polls suggest that support for the death penalty is declining.

True

The Bill of Rights, as originally intended, limited the powers of the national government only and did not apply to state governments

True

The free exercise clause found in the First Amendment allows

a person to believe whatever he or she may want

The standard used to determine if damages can be obtained from a libelous statement made about a public official is

actual malice

Based on a series of Supreme Court rulings, in which of the following settings are the most restrictions on free speech generally allowed under the Constitution?

at a high school

In Gideon v. Wainwright (1963), the Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person

at the government's expense

The first act in a criminal proceeding is an arraignment in which the defendant is brought before a court to

enter a plea of guilty or not guilty

Freedom of religion rests upon two distinct principles, which are the

establishment and free exercise clauses

The "clear and present danger" test is used to determine when it is permissible to restrict

freedom of speech

The unconstitutional act of restricting expression before it occurs is called

prior restraint

In a series of rulings dealing with the establishment clause, which of the following has the Supreme Court established?

prohibited religious prayers in public schools

The free exercise clause comes into play when dealing with cases involving

religion

For criminal suspects held in custody by the police, Miranda rights allow the suspect the right to

remain silent

The public uttering of a false statement that harms the good reputation of another is known as

slander